APHC010503102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 26494/2025 Between: 1. LAKSHMI DEVI MATHI, W/O. RAMBABU MATHI, AGED ABOUT 47 YEARS, OCC- HOUSEWIFE, R/O. H.NO.4-153, NEAR OLD GOVERNMENT HOSPITAL, VIJAYANAGAR COLONY, CHALLAPALLE, KRISHNA DISTRICT, ANDHRA PRADESH - 521126 ...PETITIONER AND 1. UNION OF INDIA, REP BY ITS PRINCIPAL SECRETARY MINISTRY OF EXTERNAL AFFAIRS SOUTH BLOCK, SECRETARIAT RAISINA HILL, NEW DELHI INDIA. 2. THE REGIONAL PASSPORT OFFICER, 4TH FLOOR, STALIN CENTRAL, D.NO.27-37, 158, GOVERNORPET, M.G. ROAD, VIJAYAWADA-520002 ANDHRA PRADES 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.2 in refusing to issue passport to the Petitioner vide Refusal Order dt. 28.08.2025 in Passport Application File NO.VJ2065546473925, dt. 26.08.2025, as illegal, 2 JS,J W.P.No.26494/2025 arbitrary and against the provisions of Indian Passport Act and against all settled principles of law and consequently direct the Respondent No.2 to issue passport to the Petitioner vide Refusal Order dt. 28.08.2025 in Passport Application FileNO.VJ2065546473925, dt. 26.08.2025 forthwith and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 to issue passport to the Petitioner vide Refusal Order dt. 28.08.2025 in Passport Application File No.VJ2065546473925, dt. 26.08.2025, pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. KALLA TULASI DURGAMBA Counsel for the Respondent(S): 1. GP FOR HOME 2. 3 JS,J W.P.No.26494/2025 The Court made the following ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home for respondent No.3. 2. The petitioner is a housewife and resident of Chellapalli Village, Krishna District. The petitioner made an application for the issuance of a passport vide application No.VJ2065546473925, and the same was rejected on the ground that a criminal case in crime No.134 of 2019 is pending against the petitioner. 3. Learned counsel for the petitioner submits that the petitioner was listed as Accused No.2 in a private complaint. The 3rd respondent, the police, has submitted a charge sheet, vide C.C. No. 536 of 2020, on the file of the Judicial First Class Magistrate, Avanigadda. 4. Learned counsel for the petitioner submits that the petitioner’s children reside in the United States. The petitioner’s daughter-in-law is pregnant, and therefore, the petitioner plans to visit the United States. She has applied for a passport, vide Application No. VJ2065546473925. Additionally, the counsel relies on this Court’s order in W.P. No. 4309 of 2024, which states that the mere pendency of a criminal case does not prevent the issuance of a passport. 5. On the other hand, the learned Assistant Government Pleader for Home submits that the learned Judicial Magistrate of First Class, Avanigadda, took cognizance of the case in C.C.No.536 of 2020. Therefore, the petitioner may approach the competent Court for the issuance of the passport. 6. The learned counsel for the petitioner, in reply, submitted that liberty may be granted to the petitioner to approach the jurisdictional Court. 7. In similar circumstances, this Court in W.P.No.30373 of 2022, observed as under: “8. The Passport Act,1967, regulates the issue and renewal of passports. Section 6(2), extracted below, is relevant for this purpose. 4 JS,J W.P.No.26494/2025 (2) subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of Section 5 on any one ormore of the following grounds, and on no other ground,namely:- a) that the applicant is not a citizen of India., b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India., c) that the departure of the applicant from India may, or islikely to, be detrimental to the security of India., d) that the presence of the applicant outside India may, oris likely to, prejudice the friendly relations of India withany foreign country., e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a Court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years., f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court of India, g) that a warrant or summons for the appearance, or awarrant for the arrest, of the applicant has been issued bya Court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court., h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation., i) that in the opinion of the Central Government the issueof a passport or travel document to the applicant will notbe in the public interest. 8. The grounds on which the issuance of the passport of the petitioner is being refused could at best fall within Section 6 (2)(f) of the Passport Act. This provision has been considered in various cases, and the ambit of this provision is fairly settled. 9. Since cognizance is already taken by the trial Court, this Court feels it appropriate to dispose of the writ petition by directing the petitioner to approach the competent jurisdictional Court and file an application for issuance of his passport. Upon filing such an application, the jurisdictional Court shall pass an appropriate order specifying the period, in accordance with Rule 12 of the Passport Rules, 1980. 5 JS,J W.P.No.26494/2025 10. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 26.09.2025 KAS 6 JS,J W.P.No.26494/2025 196 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 26494/2025 Dated: 26.09.2025 KAS